Knickerbox

Ann Summers Limited – Product Terms and Conditions of Sale for knickerbox.com

These terms together with the documents referred to in them (together, the terms) set out the terms and conditions on which we supply the products listed on our website knickerbox.com (Site) to customers.

Please read these terms carefully before ordering any products from the Site. You acknowledge that by placing an order for any of our products, you agree to be bound by these terms.

Information about us and our products

We are Ann Summers Limited, trading as Knickerbox.com (Knickerbox.com, we, us, our, ourself), a company registered in England and Wales with company number 01034349 and our registered address is Gold Group House, Godstone Road, Whyteleafe, Surrey, CR3 0GG. You can find everything you need to know about us and our products on our Site before you order.

When you use our Site to purchase products, the contract that is formed in accordance with these terms will be between you and Knickerbox.com and these terms apply to that contract. Your bank statement will show that you have made payment to Knickerbox.com.

When you buy from us you are agreeing that:

• You must be over 18 to shop with us.
• We only accept orders when we've checked them.
• Sometimes we reject orders.
• We charge you when we accept your order.
• We charge interest on late payments.
• We pass on some increases in VAT.
• We're not responsible for delays outside our control.
• Products can vary slightly from their pictures.
• You have a legal right to change your mind.
• You have additional rights to change your mind under our goodwill guarantee.
• You have rights if there is something wrong with your product.
• We can change the products and these terms.
• We can end our contract with you.
• We don't compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Customer Privacy Policy.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract with you.

We only accept orders when we've checked them

You may order a product advertised for sale on the Site by completing the checkout process after selecting the product you are interested in and adding it to your bag.

We will contact you by email to confirm that we have received your order and provide you with an order number and summary. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm our acceptance by sending you a confirmation email that the product has been dispatched (the Dispatch Confirmation).

The contract between you and us for the sale of a product will only be formed when we send you the Dispatch Confirmation for the relevant product. Each contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be required to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.

Sometimes we reject orders

We may choose not to accept an order for any reason, including, for example:

• a) if there has been a problem with your payment;
• b) because a product is out of stock or has been discontinued;
• c) because we can't verify your age;
• d) because you are located outside of our delivery areas, as stated on our Site;
• e) because the product was misdescribed or mispriced by us; or
• f) where we have reason to suspect that orders may be being placed for fraudulent purposes.

When this happens, we will let you know and (other than in the cases of suspected fraud) refund any sums you have paid.

We will charge you when we accept your order

Except that, where you have selected to use an alternative payment provider at the checkout, we take payment at regular intervals, as explained to you during the order process.

The following delivery terms apply

We will deliver the products to you in accordance with the delivery option selected by you when you placed your order. Sometimes items in your order may be shipped to you separately. Our courier will aim to deliver your parcel within the specific timeframes, but these timeframes are not guaranteed and on rare occurrences, deliveries may be subject to delay.

Delivery will be made to the delivery address or location specified in your order. Please see our Delivery and Returns Guidance for information about our delivery fees, the locations we deliver to, the delivery options available, and when the products you have ordered will be deemed to have been successfully delivered.

If you may not be available to take delivery personally, you are strongly encouraged to create an account with our courier, so you can designate your own appropriate safe-place. If you don’t do this, our courier may select a safe-place for you, in accordance with their own delivery policy. If your order is left at a safe-place (whether selected by you or our courier), delivery will be deemed to be effective if our courier can demonstrate that your order was delivered there. You can find information about how to set up an account with your courier here.

If a dispute over delivery arises, you may be required to complete a Denial of Receipt form before any refund is processed. We will refund or replace the order only to the extent that the item has not been delivered in accordance these terms and the courier’s own delivery policies. Any other refunds will be at Knickerbox.com’s sole discretion.

You will own your product on delivery or once we have received payment in full, whichever happens later.

Once delivered, the products will become your responsibility. We will not accept any liability for the loss, damage or destruction of a product after it has been delivered except in cases where products are damaged or faulty when delivered or have been delivered in error.

The following terms apply to our prices and payment

The price of a product will be as set out on our Site from time to time, except in the case of an obvious error.

The prices of our products includes VAT (where applicable) but excludes any fees for delivery which will be added to the cost of your order when you check out. Delivery fees will be added to the cost of your order when you check out. Please make sure that you are happy with the delivery fees before placing an order.

We may change our prices and delivery fees at any time. However, no changes will apply to orders for which you have already received a Dispatch Confirmation.

We only accept payment in Great British Pounds Sterling (GBP), and you can pay using most major payment providers, including Mastercard, Visa, and American Express.

All purchases made by credit and debit card holders are subject to validation checks and authorisation by the card issuer. If your card issuer does not authorise payment we will not accept your order.

We charge interest on late payments

If we're unable to collect any payment you owe us we will charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.

We pass on some increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If we become aware that the supply of your product is delayed by an event outside of our control we will contact you to let you know and do what we reasonably can to reduce the delay. Delays that are ‘outside of our control’ include delays that are caused by or attributable to our courier. We will not be liable or responsible for any delay that is caused by events outside our control but if the delay is likely to more than 10 days you can contact our Customer Service Team by email to support@knickerbox.com to end the contract and receive a refund for any products you have paid for, but not received.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or in our marketing and its packaging may be different.

You have a legal right to change your mind

Your legal right to change your mind. Depending on where you live, for most of our products, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations) to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

The deadline for changing your mind. If you change your mind about a product you have ordered, you may cancel your order from the time the order is placed and up to 14 days after the day you receive it. If your purchase is split into several deliveries over different days, the 14 day period shall run from the day after the last delivery.

You have to return the product at your own cost. Where you decide to cancel an order, you must return the Products comprising the order (and any free gifts that may have been provided with it) to us within 14 days of your telling us you have changed your mind. Returns will be at your own cost. If you tell us you've changed your mind about a product that hasn't been delivered yet, we will ask you to accept delivery of the product and then send it back it to us. This is because we pack and dispatch your order almost as soon as it is received.

We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

How to let us know. To cancel your order, please follow our Delivery and Returns Guidance.

Returns will be at your own risk and we will not be responsible for any loss or damage to the products while in transit. It is your responsibility to ensure you obtain and retain proof of shipping as we may not be able to provide a refund on lost returns.

If you don’t follow our Delivery and Returns Guidance and we don’t receive the products or don't receive the products within a reasonable time we will not refund you the price.

When you can't change your mind In certain circumstances you can't change your mind about an order, unless such products were damaged or faulty when delivered to you or have been incorrectly delivered. You cannot change your mind in respect of the following:

• a) items of clothing and lingerie that have been worn;
• b) products where the packaging states that the item cannot be returned if the packaging is open or has been tampered with;
• c) items of lingerie or hosiery where the hygiene seal, tags or labels have been damaged or removed;
• d) individual items that were sold as part of a set; and
• e) earrings and other pierced jewellery.

We may reduce your refund if you have used or damaged a product. If you handle a product in a way which is unacceptable, we may reduce your refund, to compensate us for its reduced value. For example, we may reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. If the product is returned in unsaleable because of how you have treated it no refund will be due and any refund will be at our discretion.

When and how we refund you. If you're sending your product back to us, we will refund you within 14 days of receiving it. We will refund you by the method you used for payment.

You have additional rights under our goodwill guarantee

Our goodwill guarantee. In addition to your rights under the Regulations, we offer our UK customers a goodwill guarantee for most products which is more generous than your legal rights under the Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights if there is something wrong with your product.

You have rights if there is something wrong with your product

If you think there is something wrong with your product on receipt or if it develops a fault within three months of you receiving it (provided that you have followed any relevant care instructions), you must contact our Customer Service Team by email to support@knickerbox.com. If the Customer Service Team request that you return the product, you must return the product to us, please refer to our Delivery and Returns Guidance. We honour our legal duty to provide you with products that are as described to you on our Site and that meet all the requirements imposed by law.

We can make changes to products and these terms

We may amend these terms from time to time so please check the Site regularly, and each time you place an order for products, to ensure you understand the legal terms which will apply to your purchase at that time.

Changes we can make to orders that have been accepted. We will not usually make changes to a contract between you and us once we have accepted an order. However, we shall be entitled to do so where required to comply with relevant laws and regulatory requirements.

If we wish to make any changes to a contract between you and us (that are not required by law) we will notify you and you can then contact our Customer Service Team by email to support@knickerbox.com to end the contract before the change takes effect and receive a refund for any products you've paid for, but not received.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• a) you don't make any payment to us when it's due and you still don't make payment within 2 days of our reminding you that payment is due; or
• b) you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.
  If you have said you will collect the product from a Parcelshop or locker provided by our courier but you don’t do this within 10 days then (unless the product is personalised) we will treat your order as cancelled and refund the purchase price
  If our courier is not able to make delivery to you because there is no one available at the address to accept it and there is no appropriate safe-place, our courier will make two more attempts to deliver the order to you, before returning it to us. If this happens, we will notify you, your order will be cancelled and refund the purchase price.

fraudulent Activity

If we have reason to suspect that you are engaging in fraudulent activity, for example where there are suspicious claims relating to orders that have been placed but not received, or if we suspect that you are returning items after they have been used or worn, or the items that are returned do not match with what you ordered, we reserve the right to withhold any refunds and block your account (and any associated accounts) from placing orders in future.

If this happens to you and you believe we have made a mistake, you can contact Customer Service Team by email to support@knickerbox.com, and we will seek to resolve the matter with you.

We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

• a) Unexpected. It was not obvious that it would happen and so was unforeseeable.
• b) Caused by an event outside of our control.
• c) Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
• d) A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession (including, but not limited to, loss of profits, contracts, goodwill and opportunity).

We do not in any way exclude or limit our liability for:

• a) death or personal injury caused by our negligence;
• b) fraud or fraudulent misrepresentation; or
• c) any other liability which cannot be limited by law.

We use your personal data as set out in our Privacy Notice

We will only use your personal data in accordance with our Customer Privacy Notice. Please take the time to read this carefully, as it includes important information about how we collect and use your data.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products. Any complaints should be raised without delay to our Customer Services Team by email to support@knickerbox.com.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If any court or relevant authority decides that a term is unlawful or unenforceable, then that term shall be deemed to be deleted from these terms and the remaining terms shall continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. If you breach these terms and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to the rights and remedies available to us. If we agree not to take any action in respect of a breach by you, we will only do so in writing and that will not mean that we will not take action in respect of a later breach by you.

Governing law and jurisdiction. These terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms, their subject matter or formation, unless you live in Scotland or Northern Ireland, in which case the Scottish and Northern Irish courts may also have jurisdiction.